Untitled Texas Attorney General Opinion

Honorable Robert S. Calvert Opinion No. C-680 Comptrollerof Public Accounts Austin, Texas Re: Under Art. 35.27, Vernon's Code of Criminal Procedure, when no funds have been appropriatedfor witness fees, what will constitute a filing with the Comp- troller of a claim for witness fees and Dear Sir: related questions; You recently requested an opinion of this Office concerning an interpretationof Attorney General's Opln- ion Number C-637 (1966), wherein this office held that witness fee bills must be flied with the Comptroller of Public Accounts within 12 months from the due and pay- able date. Concerning the same you ask the following questions: "Please advise me 8s to what is necessary in this instance to consti- tute a filing by the witness, If the wltness fee bill is submitted to this department and received by this depart- ment and docketed and then returned to the witness or his assignee, would this constitute a filing of the fee bill? And if so, could the witness fee bill be legally paid if money were approprl- ated at a much later date, or at least more than twelve months elapses between the filing of the fee bill and the time that an appropriationbe made for its payment? Or, should this department maintain such fee bills on file in this department?" It is the opinion of this office that a witness fee bill is filed when the same reaches the office of the Comptroller of Public Accounts for the purpose of being filed. It is a well-establishedrule in this State -3271- Honorable Robert S. Calvert, page 2 (c-680 ) that an instrument Is considered to be filed when it is placed in the hands of the proper officer for such pur- pose. Thomas v. Farrls, 132 S.W.2d 435 (Tex.Civ.App. 1939, error dism. judgm. car.) Civil Service Commission of City of Lufkin v. Crager, 364 S.W.2d 361 (Tex.Civ.App. lgb4, error ref. n.r.e.) Therefore, when a witness fee bill is submitted to the Department of the Comptrollerof Public Accounts and received by the Comptrollerof Public Accounts and docketed and then returned to the witness or his asslg- nee, the same would constitutea filing. Whether It would be advisable to maintain such witness fee bills on file in the office of the Comptrollerof Public fit- counts, Is an administrativematter, to be determined by your office. The second portion of your question concerns whether or not a witness fee bill can be legally paid if the money to pay the same were appropriatedmore than twelve months after the filing of the witness fee bill. It Is the opinion of this office that the State of Texas is obligated to pay witness fees when the same are filed within twelve months of the due and payable date with the Comptrollerof Public Accounts. The date upon which the appropriationls made does not affeot the obligation. SUMMARY A witness fee bill Is consideredas being filed when it reaches the office of the Comptroller of Public Accounts for that purpose. Witness fees can be lagally paid even though the money to pay the same is appro- priated more than twelve months after the witness fee bill is filed with the Comp- troller of Public Accounts. Yours very truly, WAGGONER CARR Attorney ffeneralof Texas By: THOMAS THOMAS w. MACK MACK TWM/er Assistant Attorney General -Z’72- Honorable Robert S. Calvert, page 3 (C-580 ) APPROVED: OPINION CONMITTEE W. V. Geppert, Chairman Douglas Chilton Pat Bailey Gilbert Pena Robert Norris APPROVED FOR TRE ATTORNEX GENERAL By: T. B, Wright -3273-